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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2012 No. 1451

About approval of Rules of provision of the state guarantee of the Russian Federation according to the bank guarantee of the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation issued in ensuring obligation fulfillment of subsidiary of the state corporation "Development bank and foreign economic activity (Vnesheconombank) according to the bank guarantees provided in ensuring obligation fulfillment of the Russian organizations which are subjects of medium business for the loans attracted on implementation (realization) of investment projects

(as amended on 26-01-2017)

The government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of the state guarantee of the Russian Federation according to the bank guarantee of the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation issued in ensuring obligation fulfillment of subsidiary of the state corporation "Development bank and foreign economic activity (Vnesheconombank) according to the bank guarantees provided in ensuring obligation fulfillment of the Russian organizations which are subjects of medium business for the loans attracted on implementation (realization) of investment projects.

2. Charge to the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation (further - Vnesheconombank) to perform in 2013 functions of the agent of the Government of the Russian Federation concerning provision and execution of the state guarantee of the Russian Federation according to the bank guarantee of Vnesheconombank issued in ensuring obligation fulfillment of subsidiary of Vnesheconombank according to the bank guarantees provided in ensuring obligation fulfillment of the Russian organizations which are subjects of medium business for the loans attracted on implementation (realization) of investment projects including concerning conducting analytics of the provided state guarantee of the Russian Federation, obligations of Vnesheconombank and other persons in connection with provision and execution of the state guarantee of the Russian Federation and also concerning debt collection.

 

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 28, 2012 No. 451

Rules of provision of the state guarantee of the Russian Federation according to the bank guarantee of the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation issued in ensuring obligation fulfillment of subsidiary of Vnesheconombank according to the bank guarantees provided in ensuring obligation fulfillment of the Russian organizations which are subjects of medium business for the loans attracted on implementation (realization) of investment projects

1. These rules establish procedure and conditions of provision of the state guarantee of the Russian Federation in currency of the Russian Federation (further - guarantee) according to the bank guarantee of the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation (further - principal) issued in ensuring obligation fulfillment of the Russian legal entity (joint-stock company which 100 percent of shares belongs to principal) (further - subsidiary), according to the bank guarantees of subsidiary provided in ensuring obligation fulfillment of the Russian organizations which are subjects of medium business, operating in the sphere which is not connected with production and conversion of minerals, and selected according to the procedure, stipulated in Item 32 these rules (further - borrowers), on the credits, attracted by them in the Russian banks on implementation (realization) of investment projects in the territory of the Russian Federation (further - investment projects), and also procedure and conditions of obligation fulfillment on guarantee.

2. The guarantee is provided for benefit of the Russian banks (further - beneficiaries) in ensuring obligation fulfillment of principal according to the bank guarantee provided by principal on the amount to 40 billion rubles for a period of up to 20 years (further - the bank guarantee of principal) in ensuring obligation fulfillment of subsidiary according to its bank guarantees provided in ensuring obligation fulfillment of borrowers before beneficiaries on return no more than 50 percent of credit amount (principal debt) on the loans attracted by borrowers in currency of the Russian Federation on implementation (realization) of investment projects (further respectively - bank guarantees of subsidiary, the credits). At the same time the guarantee provides execution of part of obligations of principal according to the bank guarantee of principal, component of 50 percent of obligations of principal on the bank guarantee of principal (the amounts on which the bank guarantee of principal is issued).

3. The guarantee does not provide execution of other obligations of principal following from conditions of the bank guarantee of principal, including obligations of principal to answer in case of non-execution or improper execution of obligations by subsidiary on early execution of bank guarantees of subsidiary (including in case of presentation to subsidiary of requirements about their early execution), on payment of the bank guarantees of subsidiary of percent, the commissions, penalties established by bank guarantees of subsidiary and (or) agreements on provision (penalty fee, penalties), the obligations establishing responsibility of subsidiary for non-execution or improper execution of obligations according to bank guarantees of subsidiary and causing losses does not provide early obligation fulfillment of principal according to the bank guarantee of principal (including in case of presentation to principal of requirements about their early execution), on payment with the established bank guarantee of principal and (or) the agreement on provision of the bank guarantee of principal of percent, the commissions, penalties (penalty fee, penalties), and also does not provide responsibility of principal for non-execution or improper execution of obligations according to the bank guarantee of principal and causing losses.

4. The guarantee, the bank guarantee of principal and bank guarantees of subsidiary are provided and performed in currency of the Russian Federation.

5. The guarantee is provided without collection of remuneration of the guarantor.

6. The guarantee is provided on condition of lack of the overdue (not settled) debt of principal on monetary commitments to the Russian Federation, and also on obligatory payments in budgets of the budget system of the Russian Federation.

7. The decision on provision of a guarantee is made by the Government of the Russian Federation.

8. For preparation by the Ministry of Finance of the Russian Federation of the draft of the act of the Government of the Russian Federation of provision of a guarantee principal represents to the Ministry of Finance of the Russian Federation:

a) the statement for provision of a guarantee with indication of full name, the location and identification taxpayer number of principal and subsidiary, limiting the amount and the term of the bank guarantee of principal and the limiting amount of guarantee;

b) notarized copies of constituent documents of subsidiary with all appendices and changes.

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